How Long Can You Stay on Workers’ Comp in California?

If you’ve been injured on the job in California, one of your biggest concerns may be how long workers’ compensation benefits will last. The answer depends on the type of injury you have and the benefits you’re receiving.

Temporary Disability Benefits

In California, temporary disability (TD) benefits are available when your doctor says you cannot work at all or can only work with restrictions that your employer cannot accommodate. These benefits are typically paid for up to 104 weeks within a five-year period from the date of your injury. In some severe cases—such as serious burns or chronic lung disease—you may be eligible for up to 240 weeks.

TD benefits generally end when one of the following happens:

– You return to work

– Your doctor clears you for work

– You reach maximum medical improvement (MMI)

Permanent Disability Benefits

If your condition is not expected to improve significantly, your doctor may declare you to have reached MMI. At this point, your injury will be evaluated for permanent disability (PD). If you have a lasting impairment that affects your ability to work, you may receive ongoing PD payments based on a disability rating and other factors.

The duration and amount of PD payments depend on your:

– Disability rating

– Age

– Occupation

– Wages at the time of injury

Some permanent disability payments are made over a period of time, while others may be included in a lump-sum settlement.

Medical Care

There is no strict time limit on receiving medical care through workers’ comp, as long as the care is necessary to treat your work-related injury. However, disputes can arise if the insurance company questions whether treatment is still needed.

Need Help Understanding Your Timeline?

Every case is different. If you’re unsure whether your benefits were cut off too soon or have questions about your rights, speaking to a workers’ compensation attorney can help protect your claim.Thomas F. Martin, PLC offers a free 30-minute case evaluation to help injured workers understand their options. Call (714) 547-5025 today to schedule your consultation.